HomeMy WebLinkAboutC2005-580 - 9/29/2005 - NAAGREEMENT Wn'H EVELYN HAVlJK
This Agreement (the -.~reement") is made between Evelyn Havtlk landlord for
house Iocat~l at ~'~'-~ ~-~ '~-. , Corpus Chr~, mexas,~
("HOUSING PROVIDERS), a T~b[as corporation, and the City of Corpus Christi,
Texas (the "City'), a municipal corpore'do~.
WHEREAS, on Sep~nber 2, 2005, the Office of the Governor requeated Corpus
Christi's assistance to provide shelter to assist ap~mxJrnately 3,000 beof~e who
were displaced as a meult of Hurricane K~trtna ("evacuees");
WHEREAS, approximately 400 evacueea remain housed in Corpus Christi
shelters;
WHEREAS, the evacuees require housing;
NOW, THEREFORE, in considera'6on of the mutual covenants in this Agreement,
the City and the HOUSING PROVIDER (each, the 'Party') authorized by
approl>da~ actions of their governing bodies, agree as follows:
~ Purocee. The purpose of this Agreement is for HOUSING PROVIDER to
provide housing to evacuees on mo.[h-to-rnonth basis.
2 Res~>r~bil~ of the HOUSING PROVIDER.
A. HOUSING PROVIDER shall provide housing, and to the extent possible,
provide furniture and utilities to evacuees.
B. HOUSING PROVIDER may charge for deposit for evacuee ho~ing that is
equivalent to tt~e usual and customary amount charged other lessees.
C. HOUSING PROVIDER shell bill the City monthly evacuee housing cce~
which are deemed allowable for reimbursement by FEMA.
D. The HOUSING PROVIDER agrees to record its expenditures under His
Agreement o~ a regular basis. The HOUSING PROVIDER agrees to provide the
City wib~, a copy of the HOUSING PROVIDER expenditures and suplx~ng
documents on a weekly basis.
E. The HOUSING PROVIDER agrees and ac~n~ that the City shall only
reimburse the HOUSING PROVIDER's costs If such costs are deemed
reimbursable by FEMA. The HOUSING PROVIDER shall be respons~le for ali
costs which are not reimbursed to City by FEMA.
r- HOUSING PROVIDER agrees to provide City with at least 60 days advance
w,~mn notice prior to initiating any attempt to remove any evacuee from housing
1
Ill, Ilk. F~eha
to allow City sufficient ~ to either nagotta~e solution with HOUSING
PROVIDER or obbiin altematJve houalng for evacuee.
G. The Housing Provider shall offer housing services at rates equivalent to other
lessor r,.,[e~ in the same complex.
H Housing Provide~ may exercise its ~ary policie~ and procedures i~
eligibility deb~rmination, tenant obligations, and leasing not addressed by this
3 Reaoor~bll~ of the CS.
A City agrees to compensate HOUSING PROVIDER for any allowable FEMA
B City ia not liable for any coats not reimbursed to City by FEMA.
4 Imolementafion. The City Manager and Manager for the HOUSING
PROVIDER are authorized and directed to take all step~ necessary or
convenient to implermmt this Agreement.
5 Wanantv. This Agreement has been officially authorized by the governing
body of the City and the HOUSING PROVIDER, and each Ngnato~ to this
Agreement guarantees and warra~ia that the signatory has full auttmrity to
execute this Agreement and to legally bind their resbeciJve party to this
6 Adminialn~dve Services. The City and the HOUSING PROVIDER agree to
provide administrative services rmceaaary to coordinate this Agreement,
including providing the other party wfth a currant list of contact InformaUon for
each party.
7 Ex~endlna Funds. Any payment made by the HOUSING PROVIDER or the
City for any of the coat~ or expenses that either incurs pursuant to this
Agreement shall be made out of current revenues available to the pa~ng party.
8 Term and Terrains'don. Once approved by all Parties, this Agreement shall
continue for a initial term of three months. This agmernerff may be extended for
an additional three month term if approved by ~ City of Corpus Christi This
Agreement may be terminabecl with or without cause by either party upon two
mor,U,s Wm~"u~n notice to the non-terminating party.
9 Sevemhilitv. If any portion of this Agreement, or ~ application to any pemon
or circumstance, shall ever be held to be invalid or unconattb, dJonal by any court
of competent jurisdicticm, the remainder of this Agreewmnt shall not be affected
and shall continue to be e~[orcaable In accordance wtth its terms.
10. Omi and Written A~7~. Ail oral or w~"~n Agreen~nts between ~
Parties relating to the subject matter of this Agreement, which were developed
prior to the execution of this Agreement, have been reduced to writing and are
contained in this Agreement.
11. Immunity not Waived. Nothing in this Agreement ia Intended, nor may It be
deemed, to waive any governmental, official, or other immunity or defenae of any
of the Parties or their officers, employees, representatives, and agent~ al a rasuIt
of the execution of this Agreement and the performance of Ire covenants
contained in this Agre~nt.
12. Breach. Any breach of this Agreernent now or thmugh the torm ahaH render
the Agreement null and void.
13. Notices. Any notice, corm~oondence or payment made pursuant to this
Agreement must be made by (a) depcerdng the same In the United States rnaJl,
postage prel3aid, addressed as follows, or (b) dallverlng the same to the offer
Party. Any notice given in accordance with (a) shall be effective upon dep(x~ in
the United States mail, and the addresses of the ParlJea shall, until changed by
wrltte~ notice, be as follows:
To the City:
City of Corpus Chdsti
City Manager
P. O. Box 9277
Corpus Chda'd, Texas 78469-9277
To ~ HOUSING PROVIDER:
Evelyn Havlik
410 W. Clark
Corpus Christi, Texas 78415
14. Amendrn~i~ or Countefoarl~. This Agreement may not be amended except
by w~;U~n Agreement approved by the authorized representaflve~ of the ParUee.
This Agreement may be executed in one or more courrterparls, each of which
shall be deemed an original and all of which ~hall conaUtute but one and the
same irmtTument.
15. Caotions. Captions to provisions of this Agreement are for convenience and
shall not be considered In the interp,,~Gon of the provtmlons.
16. Governing Law end Venue. This Agreement ~hall be governed bythe laws
of the State of Texas. 'The parties agree to comply ~ all applicable Federal,
State and Local laws, rules, and regulations, including all applicable houalng and
landlord tenant law~. Venue for an ecUon arising under this Agreement shall be
in the courts of Nuece~ County, Texas.
! 7. A~m'oval. Ail Parties identified below agree to the provialor~ and terrn~ o~
CITY OF CORPUS CHRISTI
By: ,~;.~ _ I,.....~.
~ Noe, City Manager
Date: <.,,,4~'1'. ,3.,~.
A,opmved as to legal form:
L~a Agullar
Assistant City Attorney
for City Attorney
(-. ,--'~ . ~ 2005